PNG Supreme Court rules Manus Island detention of asylum seekers illegal
PNG's Supreme Court has ruled Australia's detention of asylum seekers on Manus Island as illegal, and has ordered the PNG and Australian Governments to take steps to end the practice.
The five-man bench said that, under PNG constitution, the detention of asylum seekers breaches their right to personal liberty. The Supreme Court's decision means that the rights of both asylum seekers and refugess are being breached because their freedom of movement is being restricted.
Asylum seekers are being asked to move into a 'transit centre' for processing, but those who do not succeed in their applications will be told to return to their country of origin.
Immigration spokesperson Sarah Hanson-Young has called for all remaining detainees to be brought to Australia.
"Really the Government now has no other option but to bring the people left there to Australia and allow them to apply for an Australian visa," said the Greens' Senator. "They've seen two of their colleagues in the detention centre die, one at the hands of guards and another because he had an infected foot which became septic. These are people who have already suffered."
What do you think of this decision? What should now happen with the refugee and asylum seeker situation?
Great news! I feel a sense of relief that our government will now be forced to treat the detainees on Manus humanely. I agree with Sarah Hanson-Young that they should be brought to Australia where they can apply for visas and receive practical help.
It's always been a disgrace Australia palming these people off onto PNG, Manus, Christmas Island....
Mind you this is a bi-partisan policy and both major parties should hang their heads in shame in relation to how this issue has unfolded from the start.....
Can someone please explain to me why the processing of these people in these detention centres takes so long? What - Is it red tape? Lack of public servants to do the work? Was it really necessary to keep babies, children and women in these places while this processing is undertaken, and these people are checked for legitimate asylum seeker status?
Personally I think they should be processed in Australia as well....If nothing else surely it would be a cheaper arrangement to setting up whole detention centres regimes offshore ....
I've also wondered why it takes so long for processing. Shoving people off to Manus island costs a fortune and damages our reputation. We Also don't really know what goes on there. The few insights have been awful.The government says it has stopped the boats, but who would know given the embargo on information.
It takes so long because if these people are processeed and found to be genuine the government looses what little credibility it has. They then have to face the problem of deporting genuine refugees who may face a death sentence if sent back to their country of origin.
As they are only taking this stance to win votes from the rednecks they are afraid that if they process these people and start sending innocent people to their deaths or indefinate inprisonment they will incur the rath of the majority of voters.
The whole operation is an expensive vote catching ploy by the so called major partys, the sooner it stops and people are given their lawful rights the better, I am ashamed of how Australia is treating these people.
What we are talking about is people who have tried to enter Australia illegally. It matters little whether or not they are refugees in the context of what needs to be done. Australia takes more than its fair share of refugees legally each year and the people being detained offshore have not only jumped the queue but are attempting to take the place of those who have been approved and are patiently waiting their turn.
I am always amused at the attempts of those bleeding hearts who want to bring up the plight of women and children being detained. Surely it's more humane to keep a family group together rather than split them up? If a family has been detained why do people want to keep the father incarcerated yet take away his family to another country where he has been told that he will never enter.
An analogy that may be put is that if your home is invaded by people you know nothing about what would you do. The answer is to call the authorities to remove the offender yet Hanson-Young and her followers seem to be saying that the offender should be allowed to stay and be looked after.
It is not illegal to seek asylum. Australia signed up to the refugee convention but does not have the integrity to publicly walk away from it but instead dishonour it.
There is no queue but a lot of overcrowded refugee camps. Countries where a lot of the refugees come from do not even have a place to seek asylum in Australia or elsewhere because its not safe to even buy bread.
It is not a bleeding heart to expect our govt to provide basic health and proper procedures regarding visa etc to people under their care. With large publicity Abbott etc declared taking in 12,000 Syrians some time back yet so far about 40 odd have been processed.
I saw a PNG politician interviewed and he raised some interesting points. How is it locals were arrested for a murder yet the aussie ex pats also accused were flown out of Manus. He took the view that the detention centre was always going to be temporary and locals should accept any jobs while they are going but expect to be left nothing when it finishes. Pragmatic approach to the work and resentment at the scapegoating of locals when things get murky, murder.
Well yeah of course you're right....It isn't humane to break families up....So therefore the fairest and only thing to do is to process anyone seeking asylum i.e. family groups, single people etc. etc. and quickly right here in Australia.....Instead of palming these responsibilities off onto other countries in the region and costing Australia a fortune in offshore detention regimes....
No geomac, it is not illegal to seek asylum but it is illegal to try and enter a country without the correct clearances. Australia has not walked away from its obligation to refugees as it continues to take refugees who have been screened and approved.
Australia is providing basic health and proper procedures to those on Manus and Nauru. No they are not given visas because they are not entitled to them. Again, they have tried to enter Australia illegally. You may note that most, if not all, are seeking to come to Australia from countries that pose them no threat as they have already left their homeland where it wasn't safe.
Shetso1, I can't agree that these people are all seeking asylum, they are economic refugees in the main. As to the costs involved, it's costing us, the taxpayer, less to keep the illegal immigrants offshore than here on the mainland.
Old Man
I was talking about us being a signatory to the refugee convention and we do not observe that convention in spirit or actions.
Australia did not provide even basic medical care to the man who died from sepsis which would have been easily treated by the local GP if it happened in Australia. I cannot believe Australia has a law that has a two year jail term for a medical professional who discloses poor health treatment for detainees. Since when is it national security to muzzle doctors acting in accordance with their oath to heal ?
That law is a national disgrace.
Australia can not take the high moral ground and make tenuos claims about refugees being illegal.
This government is taking people off boats and putting them in jail without trial and not even telling them how long they will there. This can not be legal. What would you do if this government took one of your family off the street did not charge them with anything and would not tell you how long they would be locked up for?
This is juat a cynical exercise in pandoring to extremists in order to get votes, the only reason the governemt has to insist on processing these people outside Australia is so they can deny them access to Australian rights and the legal system, its costing us billions and it is a bloody disgrace.
Hi old man at last someone that can see through all the BullS***
The first possibility is they could stay right where they are. The government could pass laws that make the detention legal, or they could declare the Manus Island detention centre an "open" facility, granting detainees freedom of movement, akin to the facility on Nauru.
Whether either of those options are on the table remains to be seen. But last month, PNG Prime Minister Peter O'Neill said he wanted the detention centre closed and argued it had damaged his country's reputation.
It also seems unlikely the 900 men could be released into the PNG community or taken to Nauru, given the difficulty of accommodating them in those countries, as outlined by The Age's political editor Michael Gordon here.
Read more: http://www.theage.com.au/federal-politics/political-news/manus-court-ruling-peter-dutton-holds-the-line-on-refugees--but-what-happens-next-20160426-gofq6s.html#ixzz46zcYSLDT
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Not our decision, PNG is a sovereign nation.
I think we should look at this problem in a humanitarian way and give every assistance in helping these people to return to their country of origin providing it is safe to do so of course, if it is not safe then we should assist them to migrate to a country that has a similar culture to theirs where they will be able to assimilate quickly and settle down and become part of the society, if that country is Australia great, but what ever happens it should happen quickly with no further delays.
Julia Gillard introduced the Manus Island “solution” which in effect was no solution. Anyhow regardless of that the PNG court decision is based on the presumption that they are dealing with asylum seekers, it is incorrect to assume all of those people are asylum seekers, we are dealing here with many illegal immigrants.
I would point out that legal processes in Papua are questionable at any time. Let’s remember this country suspended senior police investigating corruption in government. It just seems strange to me the PNG courts took so long to decide this practice is illegal, four years is a long time for them to come to this conclusion.
It also seems strange this “decision” comes just before an Australian election. Certainly these people are in limbo and although I feel a lot of empathy, what we do now will predict how successful the people smugglers are in future.
Ray
What seems strange ? I am sure the action was not instigated four years ago but recently so I assume you mean when Manus was started up again. Would it also be incorrect to assume that " we are dealing here with many illegal immigrants. " without knowing the status of the detainees ? I have read of those not meeting refugee or asylum seeker requirements being sent back, SriLanka for example.
Either way it is being closed.
Ray they are seeking asylum, that makes them asylem seekers, whether they get asylum depends on the outcome of an asessment. An assessment that this government does not seem capable of doing, probably because they know what the most common result will be and are not willing to take the political backlash.
As far as questioning the PNG legal process, are you blind, we have a government that takes people off boats, puts them in jail, does not lay any charges, does not tell them how long they will be there and does not allow them access to the Australian legal process.
Australia has absolutley no right to question any oher countries legal process here.
The sooner these offshore facilities are closed the better, bring them to the mainland give them theit rits and process them, we have wasted billions on this political exercise and it is time to act like civilised human beings.
So, we have been shown up by PNG, they have demonstrated a better understanding of human rights and just plain humanity than both of our so called major partys.
The big question is, will politicians learn anything from this or will they stick with an outmoded, draconian approach to dealing with people who are asking for our help for the sake of winning cheap votes.
ALL a smoke screen.... refugees.... whilst Australians are led around by the NOSE to worry about refugees by our Corporate (foreign) Media....there are hundreds and even thousands coming into Australia weekly, holding their 457 visas - encouraged by open slaver/carte blanche policies of the same GOVT that is cruelly administering to refugees. Why oh why would someone who wasn't a refugee come into Australia by this method and face such cruel incarceration.
THE TOPIC is a mute one.... whilst you are have your attention turned towards refugees... you are not worrying about the oodles of temporary workers coming in on visas and DISAPPEARING within this VAST country.
THERE ARE very little or NO SECURITY CHECKS DONE ON THESE VISA HOLDERS!!!
THEN we have our SPY AGENCIES incompetence coming to the forth with the instance of the Lindt gunman Man Haron Monis.... he was let into Australia as a refugee on the advice of AMNESTY INTERNATIONAL... a US based Charity Organisation, for goodness sake! The advice from Amnesty International was IN CONTRADICTION to a direct statement from IRAN, that Man Haron Monis was a criminal and was mentally unstable!
........WHY was our SPY AGENCIES bending over for a US Charity Organisation and not taking any notice of Iran's Govt. who are one of the most DEMOCRATICALLY elected govt. in the world and include women and Jews as representatives in parliament. DOES any big organisation from the USA control our country's laws and entry requirements!
.........WHY wasn't this aspect of our USELESS SPY AGENCIES incompetence not TOUTED as the main reason all the people were killed.
.........WHAT did we get from Amnesty International (a mere US charity)... "ooooops, sorry about that!"
JUST because the USA has a pathelogical dislike of IRAN due to the Iranian 'people's revolution' who removed a USA backed brutal dictator and kicked out the USA and all its Military Bases..... AUSTRALIAN security does what it is TOLD and accepts whoever the USA agencies recommend.
SHAMED.... Australia is our own sovereignty and we are NOT just another state of the USA!
Yes it is easier to talk about stopping the boats than to explain why no headway is being made on the finnancial crisis that seems to come and go according to the needs of the LNP.
what financial crisis
unemployment down to 5.8%
GDP 3%
CPI 1.8% but recently negative
This in spite of labor squandering billions during the mining boom
exPS are you in a financial crisis. Are your negatively geared properties doing badly, are your many investments taking a hit? What particular Lib needs are you talking about?
Simple Ray, the need for the LNP to break a whole lot of promises and not look like hypocrites, after their destruction of Labor over percieved election broken promises.
It seems to me that they may of exagerated the "financial crises"in order to try and justify their own broken promises.
My own finnances are in good shape thanks as I don't expect huge profits in this finnancial climate and I live within my means. And since I sold my investment property just before the stalling of the market all is good.
Thanks for asking. How is your portfolio doing?
And Carlos, you make my point admirably, the finnancial crises touted by the LNP just seemed to vanish as if by magic (almost like it did not really exist). This was after they realised that their scare mongering strategy was not working to fool most of the intelligent voters and it was actually causing harm to the Australian economy.
I think it is impotant to understand that "finnancial crises"is term initiated and used by the LNP themselves, as a way to justify some of their more unpopular decisions. Once they realised no one was buying it they backtracked something that they are becoming famous for doing.
...ok - so my question is then a relatively "simple" one ....I'm sure "someone" on here can tell me?? ....... WHY WHY WHY - did it take PNG soooooooooooooo long to take this stance and declare it illegal?
After seeing "Four Corners" this week - I felt ill - and very ashamed of what happened to this poor young man. It could have been prevented - bureaucratic "strangers" were all involved in his death! Disgusting and Sad!
Because they wasnt to pressure Australia to increase AusAid , so the corrupt PNG politicians can line their pockets
Its politically mmotivated by the corrupt PNG pollies and the judges who are in their pockets
Youre are smart girl Foxy, not like the other posters who are just Liberal bashers
careful Foxy.... is Carlos a fox hunter!
Carlos, how can the contributers be classed as Liberal bashers. Both of the so called major partys are equally guilty of this barbaric behaviour?
Maybe someone is guilty of a knee jerk reaction?
Foxy, yours is a good question, but I think that a lot of pressure was put on PNG to help with this solution and they were probably bullied and bribed into taking part.
It takes a lot more courage for PNG to stand up to the Australian government than it takes the government to show a bit of leadership and compasion. And by government I mean both so called major partys.
Quote exPS:"a lot of pressure put on PNG"
Nah mate, PNG were willing participants. My post @ 1 day asks the question, Why did PNG take so long??
Carlos has given the correct answer.
Stay tuned, we shall hear more about this.
ex PS
Agree with your whole comment.... political TEAM barracking is destructive!
I particularly agree with the last paragraph.... although it was the High Court that stood up to Australia, not Parliament. As in Australia, the Parliament is malleable towards 'big brothers' (eg. USA) wishes, whereas our COURT system is NOT, as they are relatively independent and less corruptible body.
I see the UNHC--- what ever, has demanded that Australia imeaditly remove the refugee from Manus Island. However they didnt say to bring them to Australia, so there is no real problem take them back home problem solved. Yes??
I think you need to think that out a bit more.
The whole situation has been changed horrifically with the self immolation and death of the young man who had been officially recognized as genuine refugee status now his wife being held in isolation in Brisbane although she too has official refugee status and now the young Somali woman who has also self immolated.
i used to read with horror of the Tibetan monks setting themselves on fire to bring attention to the brutal treatment of the Occupying Chinese. The physical and mental cruelty the Manus and Nauru refugees are the same. Australia has lost any right to take a moral ground over brutality. We can only feel ashamed.
Norfolk Islanders propose hosting processing centre for asylum seekers
http://www.theguardian.com/australia-news/2016/may/05/norfolk-island-proposed-as-open-detention-centre-for-asylum-seekers
OMG what a nightmare for this quite and pristine place!
Those Norfolk Islanders are creative, aren't they?
I reckon it's an interesting idea. The processing centre could be out of the way of where most tourists go. Numbers would decrease over time. And it would be a good complicator to throw into the mix of current discussions on (non-) independnce.
The People on Norfolk have always been JUST the descendants or partners of those related to Bligh -- I am sure that they would not happy to see who know what types would be dumped there, I am sure that Norfolk would change a great deal for the worst.
I don't think we know that the people on Manus are inherently bad people. They are simply people who have failed to quickly meet our current government's standards for becoming Australians. Some may never do so, but that doesn't make them bad.
No Barak I never said they were bad -- we don't know what they are like, they maybe wonderful people? The point is Norfolk is NOT the place to put them
The media seems to have forgotten about this issue.
Wow Leon..... the PNG has a more MORAL CONSTITUTION than Australia... that says a lot!
At least it gives the Libs a BUDGET SAVER..... the costs of refugees has exceeded the budget and this expense is higher than ever before which is very strange, as there are no more refugees to deal with... we are told?